Contempt charge: INEC chairman risks jail as court serves him with Form 48

The Federal High Court in Abuja has formally issued contempt proceedings against the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, over his alleged refusal to comply with a prior court order.

In line with a June 17 ruling by Justice Obiora Egwuatu, a court bailiff, Ayuba Sule, served Prof. Yakubu through substituted means by delivering Form 48 at the electoral commission’s headquarters in Abuja.

Form 48 is a legal notice that outlines the consequences of ignoring a court order. Its service marks the beginning of a contempt and committal procedure, which could potentially lead to imprisonment if the accused is found guilty of willful disobedience.

Justice Egwuatu had granted permission for the court documents to be served on the INEC Chair through any official of the commission after it was deemed impractical to reach him personally.

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The action stems from a motion filed by the National Rescue Mission (NRM), which accused the INEC leadership of defying a March 5 order of mandamus. The directive required INEC to recognize the outcome of the party’s emergency convention held on January 17, which resulted in the emergence of the Chief Edozie Njoku-led executive committee.

The NRM, through its National Publicity Secretary, Mr. Anselem Chinedu Nebeife, recounted how court officials met resistance while trying to serve the documents.

“Mr Ayuba first got to the INEC Chairman’s office, but his staff requested him to identify himself. Ayuba obliged them with his official identity card, and after reading the content of the document he handed over to them, they quickly gave it back to him and told him to visit the legal department.

“On getting to the legal department, another drama ensued involving Ayuba and another INEC staff.

“Upon handing over the document to the staff, the said staff stealthily scanned through and speedily returned it.

“Angered by their disposition, Ayuba dropped the court order and the accompanying Form 48 in front of the legal department and left the commission,” the statement added.

NRM’s legal counsel, Mr. Oladimeji Ekengba, told the court that despite being present in court when the judgement was delivered, INEC’s legal representative failed to act on the directive.